h-1b temporary worker application - temple temporary worker application ... when the application...

Download H-1B Temporary Worker Application - Temple Temporary Worker Application ... When the application process is complete, ... The $500 Anti-Fraud fee is required for initial and transfer

Post on 24-Feb-2018

213 views

Category:

Documents

1 download

Embed Size (px)

TRANSCRIPT

  • 1

    H-1B Temporary Worker Application isss@temple.edu www.temple.edu/isss Form Revised 08/11

    203B 1700 N Broad Street (062-57) Philadelphia PA 19122-3429

    TEL (215) 204-7708 FAX (215) 204-6166

    Department should mail a complete application the following to ISSS (No documents should be emailed). Incomplete applications will be returned to the department. Please note that Temple University is the petitioner and the employee is the beneficiary. Additionally, we do not provide H-1B sponsorship for part-time employees. This includes Adjunct Faculty. Items Needed For A Complete H-1B Application:

    This H-1B Application including the Controlled Technology Form Required Fees. ISSS WILL NO LONGER BE REQUESTING CHECKS.

    Use this address for Request for Payment for checks made payable to both USCIS and DHS: US Citizenship and Immigration Services ATTN: H-1B Cap Exempt Services California Service Center 24000 Avila Road, 2nd FL, Rm 2302 Laguna Niguel, CA 92677

    Temple University Employment Offer letter signed by appropriate TU Official Official position description that was used in the posting of the position Copies of beneficiarys passport (passport photo page, US entry stamps, visa stamps, renewal pages only) Copy of both sides of beneficiarys recent I-94 card issued at a US Border Beneficiarys Current CV Copy of any license needed for this position Copies of 3 most recent paychecks to establish current employment in the US ONLY

    Additional Documents Needed for Employees Who Have Never Worked at Temple University in H-1B Status:

    English-language translations of all diplomas Copies of all Forms I-20, DS-2019 and EAD cards Copies of all previous USCIS Approval Notices, including J waiver notice if applicable

    Additional Documents Needed for Healthcare Providers Engaging in Clinical Activities:

    Copy of the H-1B Applicants Resident Physician Rotation Schedule H-1B Applicants USMLE Score Reports, Steps 1, 2 and 3 (if applicable) H-1B Applicants ECFMG Certification (if applicable)

    Additional Documents Needed for Dependents Who Are Currently in the US:

    Check for $290 made payable to USCIS Form I-539 (should be completed and signed by dependent, not H-1B Applicant) Copies of Marriage/Birth Certificates Copies of dependents immigration documents (passport photo page, US entry stamps, visa stamps, renewal pages

    only, Forms I-20 / DS-2019, etc) Make certain that all copies are LEGIBLE!

    mailto:isss@temple.edumailto:isss@temple.edu

  • 2

    APPLICATION PROCESS: 1. Department submits this application and required documents to ISSS

    2. Upon determination that the higher of either the prevailing or actual wage is being paid to the

    employee, ISSS sends to Human Resources a request to post information regarding the position (this is not a posting for recruitment purposes)

    3. ISSS sends Deemed Export Attestation Form and accompanying documents to University Counsel. This

    form is required for every H that is submitted, regardless of whether research is involved. Please note that confirmation that no controlled technology license is needed is unpredictable. This process is dependent upon the nature of the position and the research technologies involved.

    4. Once HR confirms the LCA posting notice, ISSS submits the Labor Condition Application (LCA) to

    Department of Labor (DOL) for certification. Approval for an LCA takes a minimum of seven working days.

    5. Once University Counsel notifies ISSS that no Deemed Export License is required for the H-1B

    Applicants position and the LCA has been certified by DOL, ISSS begins processing the I-129 and supporting letter for the H-1B petition. This step of the process may take two or three business days.

    6. When the application process is complete, the H-1B petition is compiled, checks are attached and the

    petition is submitted to the United States Citizenship and Immigration Service (USCIS) via UPS. Your department may choose to expedite the USCIS processing of the H-1B petition. The cost for Premium Processing is $1225; this fee is not required. This is in addition to the required $325 Application Fee. The $500 Anti-Fraud fee is required for initial and transfer petitions only. Please note that Premium Processing does not expedite the Labor Condition Application (LCA) process or the Deemed Export Control License decision, but rather only to the adjudication of the Petition for Nonimmigrant Worker (Form I-129) by the USCIS. The response from USCIS can be an approval notice, a request for further evidence, or an intent to deny the petition.

    7. The hiring department, Human Resources and the H-1B applicant will be notified via email when ISSS

    receives the Receipt Notice and Approval Notice from USCIS.

    N.B.: 1. ISSS may take up to 45 days to complete the processing of the materials for this petition 2. Missing information will cause delays in processing of the petition for H status 3. Submission of a petition to the USCIS does not guarantee approval of the petition 4. The Premium Processing fee does not expedite the Labor Condition Application (LCA) process; that

    fee applies only to the adjudication of the Petition for Nonimmigrant Worker (Form I-129) by the USCIS

    5. The hiring unit must notify ISSS at least 30 days in advance of changes in any conditions of employment so that ISSS can determine if notification to the proper government agency is required

    It is extremely important that the department not misrepresent any fact or situational development. In the event that Temple University is audited by the DOL, USCIS or other local, state, or federal agency, ISSS is not responsible for any misinformation provided by the hiring department.

  • 3

    Information Pertaining To the Position:

    Department Name

    Departmental UPS Account # (MUST BE LISTED HERE)

    Department Contact Name

    Phone # Email

    Second Dept Contact Name

    Phone # Email

    Name of H-1B Applicant

    H-1Bs Prospective Job Title: Is this a Union Position? Yes No

    Budget source (who will pay the H-1Bs salary?)

    Temple University Temple University Hospital Temple University Physicians Other:

    EIN (Tax) #:

    Field in Which the H-1B Applicant Will Work Biological / Biomedical Sciences Biochemistry Microbiology Physics Chemistry Electrical Engineering Mechanical Engineering Other

    Hours Per Week

    # Years Experience Required For Position (Not # of Years Experience Individual Holds)

    Salary

    per hour per month per year

    Degree the Job Requires (Not degrees individual processes)

    List any Special Requirements Including Licensure or certification List any supervisory duties required (limit to people applicant can Hire or Fire) Requested H-1B start date

    Requested H-1B end date ISSS can request up to 3 years. To avoid cost for return transportation due to loss of funding, only request dates for which you have funding

    Action Requested

    New employment in H-1B Status Extension Without Changes in Position (Holds H status already) Transfer From Another Institution/Employer (Holds H status already) Change in previously approved employment (Holds H status already) Employment for an H-1B Who will continue to work for another Employer at the same

    time as Temple employment All Complete Addresses Where H-1B Will Work - Include ANY worksite during the time period requested in this application

    General work schedule (e.g., 9:00 a.m. to 5:00 p.m., Monday through Friday)

  • 4

    Actual Wage Determination Worksheet H-1B Specialty Occupation Employment

    This worksheet is to be completed and signed by the college or department business administrator, or any

    other college or department employee responsible for employment matters.

    *Note that grant availability may not influence the determination of the actual wage.

    The purpose of this document is to report in writing the wage rate levels paid to all personnel holding the position in question with this college or department at the time the H-1B worker in question is offered employment. This worksheet will be made available to the Department of Labor and the Citizenship and Immigration Services in inspection folders, as required, at the Department of Human Resources. Job Title:

    EMPLOYEE NAME HIGHEST DEGREE

    YEARS OF EXP

    SPECIAL SKILLS/KNOWLEDGE/DUTIES

    WORKER SUPERVISION

    DUTIES

    HOURS/ WEEK

    WORK MONTHS (9 OR 12)

    ANNUAL SALARY

    Yes No

    Yes No

    Yes No

    Yes No

    Yes No

    Yes No

    Yes No

    Yes No

    Yes No

    Use the following section to explain wage-level differences not based on information listed above: I hereby certify that the position and employee information listed above is accurate to the best of my knowledge. Printed Name Signature Date

  • 5

    Actual Wage Memorandum Federal regulations require that the employer retain documentation specifying the basis it used to establish the actual wage, i.e. how the wage for the H-1B worker relates to the wages paid other individuals with similar experience and qualifications for the specific employment

Recommended

View more >